Liberty is a patented plant, so legally you aren't supposed to divide and share it. Seeing as I'm not the hosta police I'd recommend dividing and planting it in the ground. You're best off getting in the earth as as opposed to potting, IMHO

Dave

As a post script, I dont condone propagation of patented plants, but u can't tell someone else what to do or not to do.

Dave

Oops!

Lea

OK - I obviously didn't research well enough, so don't be presume a lack of ethics on my part based on an error! Technically the meat of the question still deserves an answer. Dub in the name of a slow developing, non-patented hosta for Liberty and consider the same question. Or use the name "Dummy" as a seedling raised by me - I don't care. Is it best to pot and divide next spring or divide and pot the divisions for planting next spring?

Les

yes.. and if you do it.. they can come after you for the PROFIT you make in selling it ... lets see.. $4000 in legal fees to recover NOTHING.... sounds good to me ...

patents protect a market .... there is no marketing here ...

dont rely on our hosta friends for legal advice ... lol

ken

ps: on the other hand.. i wouldnt go posting your 'intent' on the interweb .... dont you think ... lol

to answer the question, i would personally divide now and let them git their grow on.

That would be kind of dumb wouldn't it Ken? duh!

Back to Hosta "Dummy". (lol) I still wouldn't know what decision to make. One thing I enjoy about hostas is that no two plants of the same speicies or cultivar are alike. You can buy two look-alikes from the same source, plant them the same way side by side and next year ?.

Les

Hi Les,

Personally, I would divide them now. This is root-growing time and I have done this with great success with Sagae. I bought a multi-eyed Sagae a couple summers ago, and divided the eyes right away. I don't think it put the divisions behind at all.

Wendy

i actually spoke to a guy who runs a GIANT wholesaler.. whose biz actually holds dozens of patents ...

he chuckled... and offer the wisdom above...

but also pointed out.. that having one in both your garden .. and your daughters.. is actually advertising.. and a net benefit to them ... especially if you are someone like me or mel .. and we invite hundreds of hosta peeps over to view them ... [which was why he gave me a bunch of plants for a national tour ...]

on the other hand.. if you and i decide to set up a home TC lab .. and make 1000 of them.. well.. he might come looking for us ... since we would be infringing on his market ...

have a great day

ken

Thanks Ken, I needed that. If I had the resources I would love to set up a TC lab. It would be right up my ally. And thanks Wendy and ademink. I will do that tommorrow. I have everything in order.

By the way, I have apparently bought a lot of hostas from Vilts Greenouses in Wilmington since I have about 20 of his very nice nursery pots that clearly have Vilts Greenhouses printed green on all-white. He has no problem with me selling plants at a garage sale potted in Vilts nursery pots. (lol) Good advertising for Vilts. He has the greatest Greater Bush tomatoes I have ever grown. I wonder if there is a legal problem with garden-helper #1a supplying me with eggplant she raises from his stock. I am still not going to sell Liberty, even though the patent holder probably enjoys the praises we are bestowing on Liberty.

While this is no admission of intent to violate patent rights, patents on plants is very iffy which I am sure your friend will attest to Ken. I believe most people do it for the ongoing marketing value. But the law is still the law. I sure don't want to have to defend myself in court. In my past life I was a non-political honest public servant and chaired the Ordnance Committee in the city in which I lived. I survive without blemish and am proud of it. It is not an easy achievemnt.

Les

hosta les, how do you go about keeping small potted hostas through the winter? Do they go dormant like banana plants? Do you water them? I find it weird that once you purchase a plant that you could be restricted from dividing it.You are not doing it for profit.

hey nucci. I started doing this when I lived in Z6 in northern Arkansas. None of the local nurseries wanted to carry over their hostas to next spring and had "buy 1-get 1 free". Once they had a buy 1 get 3 free sale on Ginko Craig. I bought 2, got 6 free, and they all were easily divided into 4 or more plants which I did immediately.

All I have ever done is crowd the potted plants close to a building on the south or east side, away from dessicating winds. I never have watered them. Like hostas in the ground, they go dormant and wake up the following spring. I have done this with a couple of hundred hostas and have lost only 3-4 at the most.

I experimented one year and put some divisions in the ground and potted others. In general I would estimate that potted young hostas that don't have to compete with weeds, etc. exhibited almost 50% greater development than their in dirt sibs. I can only say this is true for late in the season purchases, like if you bought them now. In Z6 it seems the nurserymen don't like to use a lot of their water to save their hostas since 90-100 degrees is not rare in (normal) August and September.

I just continued potting late bought hostas when I moved back to Illinois and it works in Z5 the same way. I assume that could be said for more northern climes also as long as they are protected against the Alberta Clippers.

Les

I have divided hostas in late summer and fall and overwintered them in pots in a corner of my yard with no special treatment. I don't think I've lost any this way.

The ones I have lost was due to other circumstances. If you try to water them you are leaving them prone to being water-logged since they don't require much moisture during their dormant phase. Lack of oxygen could do them in, I think, and water-logging would deprive them of oxygen. I suspect this goes back to the anaerobic/aerobic bacteris thing where the bacteria that thrives with no oxygen is harmful. causing decay, while the one that needs oxygen is beneficial,or, the one that needs oxygen has the same needs as hostas. Crown rot can result.

Les